ALLEGED THEFT OF OATS.

Stratford Evening Post, Volume XXXI, Issue 9, 26 August 1911, Page 8

ALLEGED THEFT OF OATS.

HORS E-OWNER CH AUG ED. INFORMATION DISMISSED. At the Magistrate’s Coin t yeserday morning Charles Iluscoe was charged ■with having ou August l()th stolon oats valued at 7s Gil, the property of Messrs Young, Hobbs ami Co. Mr Spence appeared for accused, who pleaded not guilty. Sergeant McNeeley, who conducted the prosecution, said that as a result of a complaint made to the police lluscoo had 'been approached. Ho was asked if lie desired to make a statement,' and ho said lie had gone to the stable to get beer which he know had been left there for a prohibited person, and that the sack lie had brought away contained feed which he had got from one Melville and which he had taken to tiie stable with him.. William H. H. Young, auctioneer, said horse-feed was kept in part of his stable in llegan Street. Nobody had permission to remove oats from the stable on August 10th. The oat bin had been filled ou the previous Tuesday, so that some oats could have been taken without being missed. None of Ids employees had power to allow anybody to take oats. Ho did not know of drink being planted

about the stable. He knew Rcvell, a prohibited man, but had never seen him hanging about the stable.

By Mr Spence: McQuay was in charge of the stable. Ease Rutherford, wife of James Rutherford, blacksmith, said tJiat about half-past two on the afternoon of August 10th she was standing on the verandah of her residence in Regan Street. She had a clear and uninterrupted view of Messrs Young, Hobbs and Co.’s stable, and she saw Ruscoe proceed along Regan Street towards the stable. Ho had nothing in his hands as he went along. Ho entered'the stable at the door which was usually used by those in charge of the stable. Ruscoe came out of the stable with a sack three-parts full of something. ' A man named Coffey was with witness all the time. Coffey knew Ruscoe, who had asked, him on one occasion to take a photograph of a horse. Ruscoe proceeded down Miranda Street, but she lost sight of him about the vicinity of the County Hotel stables. Ac the time she did net know that Ruscoe had a horse at the County Hotel stables. What was in the sack was too heavy looking for chaff and too smooth to bo potatoes.

By All- Spence: Her husband had gone to Mr Young and asl vCcl if lie had left anything at the stable to l)o taken away. He went of his own accord and did not approach the police. James Rutherford, blacksmith, said that on the afternoon of August 10th ho was working in his garden. There were very few people about the streets. He saw Ruscoe go to the stable. He had nothing in his hands.

Alfred Horace Coffey said lie occupied a room at Mrs Rutherford’s. On the afternoon of August 10th lie was on the verandah printing some photographs. Mrs Rutherford was on the verandah and drew witness’s attention when Ruscqc passed up the street. Ho merely looked up for a moment and could not say if Ruscoo was carrying .anything. On his return from the stable Ruscoo had a sack on his back.

Sergeant McNeeley, in evidence, said that oh August 15th ho interviewed Ruscoo, stating that there had been a complaint about him stealing feed. Accused said: “This is all idle talk. People are jealous of mo and my horse and they wonder how I feed it. Ask Jack Melville about the feed—he has a share in the horse and has allowed me to get all feed from him.” Ruscoo admitted being in the- stable, saying he went in for beer which ho know had been planted there for liovoll, a prohibited 'person. Asked

about the sack ho was soon carrying away, Ruscoo said he had been up at Melville’s and had got about a bushel of oats and carried them to the stable door with him. He said he had spoken at the stable to Mrs Cannon, but could not say who he had met while carrying the sack from Melville’s. Asked whether he had scon Melville on the 10th accused said at first that he did net know, but later on he said be was sure be had. Witness said; It is alleged that you were not carrying the sack on your way to the stable. Accused replied: They can’t say that.

Mr Spence: Did you warn accused that his statement might be taken down and used against him?

Witness: No. Mr Spence thought it desirable that such a warning should be g'/en. Lucy Cannon, married woman, said that on the afternoon of August 10th she went to the door of Young, Hobbs and Co.’s stable and saw accused there. She did not see a sack at the door. She went away and soon afterwards saw him on the opposite side of the road, carrying a

sack on his back. By the Bench: Accused was doing nothing at the door of the stable. They exchanged a few words, chiefly, about her lions.

By Mr Spence: There was nothing aispicious about accused. Mr Spence, in opening the defence, aid the prosecution had failed to

prove cither that the oats were missed or that accused had taken them. Ho (counsel) was sure the Bcncn would not convict on the evidence offered, but proposed to call his evidence so that nil suspicion would lie removed.

Accused, in evidence, said lie was a tailor and had been in business in Stratford for - about sixteen years. About 2 o’clock on the afternoon of August lOtb bo wont to Melville’s stable and got about a bushel of oats. Ho owned a horse, which at present was being looked after at the

County Hotel stables. On the way down he saw one Ellerm, who had

stables on {ho racecourse, next door to Melville’s. Near Mrs Croig s lire ho saw Cross. Ho turned up Scyton Street and saw Hassell. Then witness proceeded on to Portia- Street, where lie left Hassell. Ho went on down Portia Street and went into Young, Hobbs and Co.’s stables for the purpose of relieving himself. Afterwards he picked up ids bag of feed and went along to the County Hotel stables. He took no oats from Young, Hobbs and Co.’s stable. By Sergeant McNeeley: He had three horses—a thoroughbred stallion, a mare and a foal at foot. He had an acre of ground at his house and the mare and foal grazed on itl The horse which was at the stables cost about live shillings a week. Woods was looking after the horse now, but there was no agreement as to payment for his services. Witness was married. Ho was a partner in the tailoring' business. He was quite sure he had not gone up llegan Street past Young, Hobbs and Co.’s store.

Herbert Ellcrm, horse trainer, said that on August 10th between 2 and 3 o’clock he saw accused coming out of Melville’s with a sack on his back. He had seen accused getting feed there previously. By Sergeant McNeeley: Up to a short time ago lie had been employed by Iluscoe. He was not a disqualified jockey. S'idiioy: Cross, motor expert, said he mot' iHiscoc near the Public Works offiop, Iluscoe was carrying some-thing--in a .sack which lie said was feed.

By Sergeant MoNceley: Witness had'never at any time given oats to llnscoc. At present lie was working for Melville as a carpenter’s labourer. Reuben Hassell, labourer, detailed tlie circumstances of his meeting in Seyton Street with lluscoc, who had a sack over his shoulder.

By Sergeant McNeeloy: He could remember the date because of the Maori football match. William Wood, labourer, said he had charge of Ruscoe’s horse. Ho was absent at the football match, but on his return he found oats at the stable which were used for Ruseoo’s horse. By Sergeant McNeeley: He made a living by doing odd jobs. Ho had no regular employment, but might bo doing a job that afternoon. Ruscoo usually took oats to the stable and left them where they were found. The S.M. said lie could not convict unless lie decided that ho could not believe all the witnesses for the defence. He could not go as far as that. Ho did not see any reason to disbelieve the evidence given on either side. There, was a doubt as to whether Ruscqe had gone to the stable emptyhanded and Ruscoe was entitled to the benefit of that doubt. The information would be dismissed.